Condo vs. HOA Meeting Minutes: Key Differences to Know
Condos and HOAs are both community associations, but their governance structures differ — and those differences show up in meeting minutes. Here's what's different and why it matters.
People often use "HOA" and "condo association" interchangeably, but they're legally distinct entities governed by different statutes — and those differences affect what your meeting minutes need to capture.
If you manage both types of communities, or if you've recently transitioned from one to the other, here's what you need to know about the differences in meeting documentation.
The Core Structural Difference
The fundamental difference is property ownership:
- In a traditional HOA, homeowners own their lot and the structure on it. The association owns common areas — the pool, clubhouse, streets, landscaping. Each owner is responsible for their own building exterior (in most cases).
- In a condominium association, owners own their individual unit (airspace) plus an undivided interest in the common elements — the building structure, hallways, roof, exterior walls, mechanical systems. The association manages and maintains the building itself.
This ownership structure means condo boards make decisions about a much broader range of physical assets, which shows up in what gets discussed and voted on at meetings.
Governing Law Differences
HOAs and condo associations are governed by different state statutes in most states:
- California: HOAs → Davis-Stirling Common Interest Development Act (Civil Code §4000+); Condos → same statute applies, but with condo-specific provisions
- Florida: HOAs → Florida HOA Act (§720); Condos → Florida Condominium Act (§718) — meaningfully different statutes with different requirements
- Texas: HOAs → Texas Property Code Chapter 209; Condos → Texas Uniform Condominium Act (Chapter 82)
- New York: Condos → Condominium Act (Real Property Law §339); Co-ops → Business Corporation Law (entirely different structure)
The practical impact: if you're managing a Florida condo, you're operating under §718, which has specific meeting notice, record-keeping, and minutes requirements that differ from §720 for HOAs. Know which statute applies.
What Shows Up Differently in Minutes
Building maintenance and capital projects
Condo boards vote on building-wide maintenance — roof replacements, elevator contracts, plumbing repairs, HVAC for common areas — far more frequently than HOA boards. These votes need to appear in minutes with the same specificity as any other contract approval: vendor name, scope of work, total cost, vote count.
For HOAs, common area maintenance votes exist but are narrower in scope (the pool, the entrance gate, landscaping). Individual homeowners handle their own building maintenance.
Reserve fund discussions
Both condos and HOAs are required to maintain reserve funds in most states, but condo reserve requirements tend to be more stringent because the association owns and must eventually replace major building components (roof, elevators, boilers). Florida's Milestone Inspection and Structural Integrity Reserve Study (SIRS) requirements — enacted after the Champlain Towers collapse — apply specifically to condos over three stories.
When reserve funding is discussed at condo meetings, minutes should capture: the current reserve balance, the reserve study findings (if presented), any proposed funding changes, and any vote to waive or reduce reserves (with the specific member vote and the legal disclosure if required).
Unit-specific issues
Condo boards frequently deal with matters that touch individual units — water intrusion from a unit above, alterations within a unit that affect common elements, exclusive use areas like parking spaces and storage. These require careful documentation because they create legal obligations between the association and specific unit owners.
HOA boards rarely deal with what happens inside an individual home. Their enforcement focuses on exterior appearance, lot maintenance, and use restrictions.
Special assessments
Both HOAs and condos levy special assessments, but condo special assessments are often larger and more complex — a $2 million roof replacement spread across 80 units, for example. Documentation requirements for condo special assessments are typically more detailed under state law.
Florida §718.116 requires specific notice content and timing for condo special assessments. Your minutes should confirm that required notices were provided and document the vote precisely: total assessment amount, per-unit amounts, payment schedule, purpose.
Percentage-based votes
Condo governing documents often require approval by a percentage of unit owners (not just the board) for certain decisions — amending the declaration, approving major capital expenditures above a threshold, terminating the condominium. When a member vote is required, the minutes need to document:
- The percentage threshold required
- How many units voted (and what percentage that represents)
- The result
Shared amenity rules
Condo rules about unit alterations, move-in/move-out procedures, noise, and use of common areas are more granular than typical HOA rules — because unit owners share walls, ceilings, and floors. Board decisions about unit modification requests, lease approvals (in condos with rental restrictions), and noise complaints tend to appear more frequently in condo minutes.
What's the Same
Despite the differences, the core requirements for good meeting minutes are identical:
- Date, time, location of meeting
- Directors present and absent
- Quorum established
- Each motion: who made it, who seconded, vote count, result
- Any conflicts of interest disclosed and recusals noted
- Executive session: entry, topics (in general terms), exit
- Approval of prior meeting minutes
- Adjournment time
Both HOA and condo boards are also subject to homeowner records access rights — approved minutes must be made available to members within the timeframes required by state law.
Co-ops: A Third Category
If you work in New York, Chicago, or other major cities, you'll encounter co-ops — cooperative housing corporations. These aren't condos or HOAs. Residents own shares in the corporation, not real property. The board is a corporate board of directors operating under business corporation law.
Co-op meeting minutes follow corporate minute conventions more than HOA conventions: formal resolutions, shareholder meeting procedures, proxy rules under the BCL. If you're managing a co-op, the documentation requirements are different enough that they deserve their own guidance.
Practical Takeaway
If you're drafting minutes for a condo association, make sure you're applying the right state statute and capturing the building-specific decisions — reserve fund discussions, major maintenance votes, unit alteration approvals — with the precision those decisions require. The stakes of getting it wrong (underfunded reserves, disputed special assessments, contested unit modification decisions) are high.
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